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(영문) 인천지방법원 2019.10.28 2019고단5666
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On November 6, 2008, the Defendant was sentenced to 8 months of imprisonment with prison labor for night time, intrusion upon residence, larceny, etc. in the Suwon District Court Branch of the Incheon District Court on April 28, 201, and sentenced to 1 year and 2 months of imprisonment with prison labor for special larceny, etc. on April 28, 201, and on August 18, 201, the same court stated in the indictment for 4 months of imprisonment with prison labor for special larceny, etc. and the crime of intrusion upon structure and larceny as the indictment for larceny, but it appears to be a clerical error in the “crime of intrusion upon structure and larceny.”

On October 8, 2015, the Seoul Southern District Court sentenced one year and six months to imprisonment with prison labor for habitual special larceny. On January 10, 2018, the same court sentenced one year and six months to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence on May 3, 2019.

On July 28, 2019, the Defendant came to the construction site of a new apartment located in Michuhol-gu Incheon Metropolitan City on July 03:14, 2019, into the construction site of a new apartment located in Michuhol-gu, Incheon, and intruded into the building under construction through the stairs installed in the following parts, and, through stairs, 13 joint wires (1.5m, 2.5mm) equivalent to the total market value of the victim C, which was stored at the 16th floor through the stairs, were put into the spos, and then laid into the spos, and was laid into the spos, and went to the spos, from July 4, 2019 to the point of view.

8. Until November 1, 198, the victims owned a total of 13 times with electric wires and other parts equivalent to 11,559,000 won in total.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to theft, etc., stolen the victims' property again during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. C, D, E, F, G, H, I, J, K, L, and M respective statements;

1. CCTV photographs of an elevator in the Eastern Station, in which the surface of the damaged article related to female crime is carried in sealed;

1. Previous convictions in judgment: Investigation report (verification of repeated crimes of suspects and attachment of criminal records of the same kind of larceny), and judgment;

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